Miranda warnings are here to stay
by David A. Cardon, Esquire

I was arrested in Virginia Beach this past Saturday night for public intoxication. I had been in a bar along the Virginia Beach resort strip with some friends. At closing time, I stepped outside and the next thing I know I was arrested for public intoxication. The police officer never asked me any questions and never read me my rights. He just told me that he believed I was intoxicated and was arresting me for public intoxication. Can I use the fact that he did not read me my rights to get my case dismissed?

Under the facts you describe, the judge will not throw out your case simply because the police officer did not read you Miranda warnings. The U.S. Supreme Court ruled in 1966 that Miranda warnings must be read to the defendant when (1) a defendant is under arrest by the police AND (2) while under arrest, the police interrogate the defendant. If both criteria are met and Miranda warnings have not been read to the defendant before the defendant answers the police officer's questions, the court might deem any statements made by the defendant inadmissible in the criminal cases against the defendant. If, however, the defendant is arrested but never asked one single question, the defendant is not entitled to have the Miranda warnings read.

Voluntary statements:
Let's change the scenario a bit. Suppose you are arrested, but before the police officer asks you questions or reads you Miranda warnings, you confess to the crime. Are these voluntary statements admissible in a criminal case against you?
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